Uninsured Motorists Coverage

UNINSURED MOTORISTS COVERAGE:
TIPS FOR THE PRACTITIONER;
TRAPS FOR THE UNWARY

By Reuben J. Donig

INTRODUCTION

All personal injury lawyers inevitably come across potential clients who have suffered injury or loss as a result of an accident involving a motorist who was uninsured or whose insurance coverage was inadequate to afford full compensation for the client. As we all know, when that happens, we need to look at our client's automobile insurance policy to determine what uninsured motorist coverage benefits might exist which can be used to serve in place of coverage (or, in the case of an underinsured motorist, supplement the lack of adequate coverage) for the at-fault motorist.

But the statute itself, and case law concerning it is often counter-intuitive and quirky. Sometimes coverages, and even additional policies can be made to apply, and give the injured victim a source for compensation which even an experienced lawyer wouldn't necessarily think of. Conversely, uninsured, (and particularly underinsured) motorist law often applies in a way which makes the coverage illusory, and where coverage which was purchased and seemingly should apply for the insured's benefit has been held not to apply.

Sometimes we give up too quickly, when we find that our client doesn't seem to have Uninsured Motorist Coverage, or that the client's UM coverage appears, on its face, to be insufficient to offer needed additional coverage. This paper is intended to illustrate effective means of, and helpful tips for finding and utilizing available UM coverage for our clients, as well at to offer some helpful advice for avoiding the pitfalls that are unique to Uninsured Motorist cases.

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